Puspa Borah v. the State of Assam and Anr.

Gauhati HC3 Feb 2025I.A.(Crl.)/26/2025

Case brief

AI extract

What is this about?

Suspension of sentence and bail pending appeal; Section 430(1) BNSS, 2023; sentence dated 10.12.2024 by Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 stayed till disposal of connected appeal Crl.A./14/2025; bail of Rs. 25,000/- with like surety; applicant/appellant Puspa Borah v. The State of Assam and Anr. (Resp. 2: Kushmi Praja); Gauhati High Court; Justice Parthivjyoti Saikia; order dated 04.02.2025; I.A.(Crl.)/26/2025.

What did the court decide?

Sentence imposed on 10.12.2024 in Sessions Case No. 165/2019 stayed till disposal of the connected appeal (Crl.A./14/2025); applicant/appellant Puspa Borah allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sonitpur, Tezpur. ¶¶27

Puspa Borah Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence imposed upon the applicant/appellant on 10.12.2024 by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 should be suspended/stayed pending disposal of the connected appeal (Crl.A./14/2025). +1 more

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Court's answer

The Court was of the opinion that the sentence imposed upon the applicant/appellant deserved to be stayed at that stage.

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Ratio / Principle

The sentence imposed upon the applicant/appellant on 10.12.2024 by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 shall remain stayed till disposal of the connected appeal (Crl.A./14/2025).

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Key takeaways

The applicant/appellant, Puspa Borah, was allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sonitpur, Tezpur.ratio¶¶26

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J., 04.02.2025) disposed of an application under Section 430(1) of the BNSS, 2023 filed by the applicant/appellant, Puspa Borah, seeking suspension of sentence and bail in connection with the connected appeal Crl.A./14/2025. The Court, having gone through the evidence filed and the submissions of learned counsel for both sides, held that the sentence imposed upon the applicant/appellant on 10.12.2024 by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 deserved to be stayed and directed that it shall remain stayed till disposal of the connected appeal. The applicant/appellant was allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sonitpur, Tezpur.

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GAHC010005012025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Crl.)/26/2025

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PUSPA BORAH

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S/O. LATE JUGEN CH. BORAH, R/O. NARENGKATI KACHARI, P/O. NARENGKATI, P/S. DHEKIAJUI, DIST. SONITPUR, ASSAM, PIN-784507.

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM.

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2:KUSHMI PRAJA W/O. LATE ATUL PRAJA R/O. NO. 2 LINE HUGRAJULITEA ESTATE P/O. NARENGKATI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-784507

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Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD,MR S ISLAM,MS. D BORA

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : Crl.A./14/2025

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PUSPA BORAH S/O. LATE JUGEN CH. BORAH R/O. NARENGKATI KACHARI P/O. NARENGKATI

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P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-784507. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP ASSAM 2:KUSHMI PRAJA W/O. LATE ATUL PRAJA R/O. NO. 2 LINE HUGRAJULITEA ESTATE P/O. NARENGKATI P/S. DHEKIAJULI DIST. SONITPUR ASSAM PIN-784507. -----------Advocate for : MR. M U MAHMUD Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE

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HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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04/02/2025

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Heard Mr. M. U. Mahmud, learned counsel for the applicant/ appellant and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam.

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2. This is an application under Section 430(1) of the BNSS, 2023 praying for suspension of sentence imposed upon the applicant/appellant on 10.12.2024 by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 and for allowing the applicant/appellant to go on bail.

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3. I have gone through the evidences filed by the present applicant/appellant and I have also considered the submissions made by the learned counsels for both sides.

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4. This Court is of the opinion that the sentence imposed upon the applicant/appellant deserves

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to be stayed at this stage. Therefore, the sentence imposed upon the applicant/appellant on 10.12.2024 by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 165/2019 shall remain stayed till disposal of the connected appeal.

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5. The applicant/appellant, Puspa Borah is allowed to go on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sonitpur, Tezpur.

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6. With the aforesaid direction, the present I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Puspa Borah v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Puspa Borah v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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